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Facts Forum News, Vol. 4, No. 8, September 1955
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Facts Forum. Facts Forum News, Vol. 4, No. 8, September 1955 - File 029. 1955-09. University of Houston Libraries. University of Houston Digital Library. Web. July 14, 2020. https://digital.lib.uh.edu/collection/1352973/item/489/show/448.

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Facts Forum. (1955-09). Facts Forum News, Vol. 4, No. 8, September 1955 - File 029. Facts Forum News, 1955-1956. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/1352973/item/489/show/448

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Facts Forum, Facts Forum News, Vol. 4, No. 8, September 1955 - File 029, 1955-09, Facts Forum News, 1955-1956, University of Houston Libraries, accessed July 14, 2020, https://digital.lib.uh.edu/collection/1352973/item/489/show/448.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

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Title Facts Forum News, Vol. 4, No. 8, September 1955
Alternate Title Facts Forum News, Vol. IV, No. 8, September 1955
Series Title Facts Forum News
Creator
  • Facts Forum
Publisher Facts Forum
Date September 1955
Language eng
Subject
  • Anti-communist movements
  • Conservatism
  • Politics and government
  • Hunt, H. L.
Place
  • Dallas, Texas
Genre
  • journals (periodicals)
Type
  • Text
Identifier AP2.F146 v. 4 1955; OCLC: 1352973
Collection
  • University of Houston Libraries
  • Facts Forum News
Rights No Copyright - United States
Item Description
Title File 029
Transcript Footnote References: in the Kansas case, Brown v. Board oi Education.... In the Sun id Carolina case, Briggs v. Elliott.... In the Virginia case, Davis v. Count) School Board.... In tin' Delaware ra-c, (-diliart \. Bel ton. . . . 2 344 I . S. 1. IH, 891. 345 1 . S. 972. The Utornej General of the I nited States participated both Terms as amicus curiae. 'Fnr a general study ol the development oJ public education prior io the Amendment, see Bull- ami ( lemin. \ History nf F.thiea- tion in Vmerican Culture (1953), Pts. I. II: (lubberley, Public Education in the United States (1934 ed.), cc. II-XII.... Slaughter-House Cases, In Wall. 36, 67-72 (1873); Strauder v. West \ irginia, 100 I . S. 303, 307-308 (1879): "h ordains that no State shall deprive anj person "I life, liberty, or property, withoul due process oi law, or den) to an) person within iN jurisdiction the equal protection of tin- laws. Whal i- this bul declaring thai the law in the Mate- shall I"- the same foi the black as for the white; thai all persons, whether colored or white, shall Btand equal before the laws of the States, and, in regard in the colored rare, for whose protection tin- amendmenl was primarily designed, thai no discrimination -hall be made against them by law because of their color? The words oi the amendment, ii is true, are pro- hihitory. fail the\ contain a necessary implication "I a positive in mitv. or right, mosl valuable to the colored ran iln right tn exemption from unfriendl) legislation againsl them iltstim tivel) a- colored exemption from legal discriminations, nn plying inferiority in civil society, lessening iln- security of their enjoyment of the rights which others enjoy, ami discriminations ivhich are steps toward reducing them tn the condition ni a Bubject race." See Edso \ irginia v. Rives, 100 U. S. 313, 318 (1879); Ex parte Virginia, 100 U. S. 339, 344-345 (1879). ,; The doctrine apparentl) originated in Rob- erts v. City of Boston, 59 Mass. 198, 206 i 1849), upholding school segregation againsl attack as being violative of a state constitutional guarantee of equality. Segregation in Boston public schools was eliminated in 1855. Mass. \< ts 1855, c. 256. But elsewhere in the North segregation in public ed neat inn has persisted until recent years, li i- apparenl that such segregation has long been a nationwide problem, nol merely one of Bectional concern. rSee also Berea College v, Kentucky, 211 I . S. 15 (1908). 'In the Cumming case, Negro taxpayers sough) an injunction requiring the defendant school board to discontinue the opera linn of a high Bchool fnr while children until the board resumed operation nf a high school fnr Negro children. Similarly, in the Gong I.mn easf, ilx- plaintiff, a child of i hinese descent, contended only that state authorities had misapplied ihe doctrine hy classifying him with Negro children am) re quiring him in attend a Negro -■ I In ihe kan~a- case, the court below found substantial equalit) as in all such factors. 98 I■'. Supp. 797, 798. In the South Carolina the courl below Found thai the defendants were proceeding "promptly and in good faith to complj with the court's de i i.e." 103 I-'. Supp. 920, 921. In the Virginia case, the courl below noted that the equalization program was already "afoot and progressing" 1103 F. Supp. 337, 341); since then, we have been advised, in the Virginia -Utorne) General's brief on reargument, that the program has now heen completed, In the Delaware ease, the court below similarly noted that tlie state's equalization pro- pram was well under way. 91 A. 2d 137, 149. \ similar finding was made in the Delaware case: "I conclude from the testimony that in our Delaware society, State-imposed segregation in education itself results in the Negro children, as a class, receiving educational opportunities which substantially are inferior to those available to white children otherwise similarly situated." 87 A. 2d 862. 865. 11 K. B. Clark, Effect of Prejudice and Dis- crimination on IN rsonalit) Development i Midcentury White House Conference on Children and Youth, 1950); Witmer and Kotinskv. IVr-onalily in lhe Making (1952). c. VI; Deutscher and Chein, the Psycho- logical Effects of Enforced Segregation: \ Survey of Social Science Opinion, 26 J. Psychol. 259 (1948) ; Chein, What are the Psychological Effects oi Segregation Under i onditions of Equal Facilities'.''. 3 Int. J. Opinion and Attitude Res. 229 (1949); Brameld, Educational Costs, in Discrimination anil National \\ elfare i Mclver, ed., 1949), 14-48; Frazier, The Negro in the 1 nited States I 1949), 674-681. And see gen- erally Myrdal, \n -Unerican Dilemma (1944). See Moiling v. Sharpe, infra, concerning the Due Process Clause of the Fifth Amend- SEGREGATION "AUTHORITIES"? Speech ol HON. JAMES O. EASTLAND of Mississippi, before tbe Senate <>f ih<- United States on May 26. 1955. Somewhat more than em. yetr ago I pointed out in em address on this floor that thi- Supreme Courl had been indoctrinated and brainwashed by left- Kring pressure groups; iheil individual Members of the Courl were influenced oy anil were guilt} of grossl) improper conducl in accepting awards and emoluments from groups and organizations interested in pnlilieeil litigation before the *-ourt and bent on changing and des troyinp; our American way of life; thai such reprehensible conducl placed Question mark by the validity and thi titegrit) ..I their decisions in cases in u'mli these groups were interested, ol u li ii h the school segregation case is one. Today. I am calling upon the Mem '''i- nf the Senate to consider an even "i..i.' serious problem. The Courl has ""I onl) arrogated to itself powers H'ii.|i were not delegated to ii undei "le Constitution of the I nited States j"i'l has entered the fields of the legis *tive einel executive branches of the government, bul thej are attempting to PACTS FORUM NEWS, September, 1955 'jr.ill into the organic law oi the land the teachings, preachments, and social doctrines arising from ee political philosophy which is the antithesis nf the principles upon which llii- governmenl was founded. The origin of Ihe doctrines eem lee' traced In Karl Marx, eiml lll.'il propagation is pari eiml parcel ol the conspiracy to divide eiml destroy this governmenl through internal contro versy. The Court adopts llii> propaganda ee- "modern scientific authority." NO PRECEDENT EXCEPT IN RUSSIA In the long legal histoi j ..I this coun try, there has never before been ;i time u hen .en \ppellate < ..ml or Supreme l .eeenl of the I nited States relied solelj .iml alone on scientific authorit) to sus tain et legal decision. I am informed thai in the long historj oi British juris prudence, there Im- never been a time when the high courts ol England have resorted to such dubious authoi ii\. bul lhal their decisions have been based on the law. \1\ information is that the one time when the high appellate court of any major Western nation has resorted in textbooks eiml the works of agitators ie> sustain its decision was when the high courl ol i..'iin.ini sustained Hitler's racist laws. \\ hat the Bar and the people of the ( nited States are slow to realize is thai in lhe' rendition of the opinion on the school segregation cases the entire basis ..I Vmerican jurisprudence was swepl away. There is only one other comparable system of jurisprudence « hich i- based upon the w imls eef vacillating, pnlilieeil. eiml pseudo-scientific opinion the Peoples' Courts of Soviel Russia. In thai vasl vacuum of liberty, the basis e.f their jurisprudence is the vacillating, ever-changing wimls of pseudo-authority. \ml that today is the basis ..I Vmerican jurisprudence as an- nounced In a unanimous opinion of Supi erne i lourt. Justice Frankfurter handed down an opinion as late as Vpril 28. 1952. with the . "ii. in im'.' of Chief Justice Vinson Page 27
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